Queens Elderly Related Car Accidents

In December 2015 an 88-year-old woman lost control of her SUV, crashing it into a convenience store. A man was seriously injured. While there is great concern about teenage drivers, statistics show that drivers over the age of 70 can be risky. In fact, according to one study the fatality rate for drivers 85 and over is four times higher than it is for teenagers. As people age health issues are more likely to develop that effect a person’s reaction times, ability to see, ability to hear, and ability to concentrate. Furthermore, older people tend to take a lot of medications that may affect their ability to safely operate a vehicle. As a result, statistics show that drivers over the age of 70 are more likely to cause serious accidents than younger drivers. Victims of accidents caused by seniors can have catastrophic results for pedestrians as well as other drivers. Victims of such accidents often suffer serious, life-threatening injuries such as a traumatic brain injury, broken or crushed bones, lacerations from broken glass, or a back or spinal cord injury. These types of injuries involve long recovery times, with the victim being unable to work for weeks or even months. However, under New York law victims of car accidents, medical malpractice, defective products and other negligence are allowed to seek compensation from the person whose negligence resulted in the accident. If you are in need of a New York Injury Lawyer because you or a family member was injured in a car accident caused by an elderly driver it is important to contact an experienced Queens Elderly Related Car Accidents Lawyer who will help ensure that the person responsible for your losses is held accountable through a personal injury or wrongful death lawsuit.

Common causes for elderly related accidents

Because of health issues, drivers over the age of 70 tend to drive in a manner that is negligent. For example, older drivers are more likely to:

Drift into another lane

Mistake the gas pedal for the brake

Drive too fast or too slow

Back up without looking

Fail to yield right of way

Fail to stop at red lights or stop signs

Liability in an elderly related car accident

Oftentimes elderly related car accidents are caused by driver negligence. Negligence is the failure to use the care that a reasonable and prudent person would use under similar circumstances. To prove negligence, you must show that the elderly driver had a duty to exercise care; the elderly driver breached that duty; and as a result you were injured.

All New York drivers have a duty to exercise care on the road. This includes obeying the rules of the road and refraining from any potentially harmful actions while driving. If, for example, an elderly driver takes medication that causes him or her to be impaired and then collides into another vehicle, the victim may have a viable claim to recover damages for any injuries caused by the elderly driver’s negligence.

Just because the cause of a driver’s negligence is related to aging does not keep the driver from being held accountable for injuring another person.

Pursuing a claim

If the negligence of an elderly driver caused an accident that resulted in your injuries, you can pursue a claim against that person for damages. The types of compensation that you may be able to recover if you file a claim against the negligent person include:

Lost wages

Medical bills including bills from the hospital, your doctors, prescriptions and bills associated with medical equipment

Damage to your vehicle

Pain and suffering

If a loved was killed in the car accident, you may be able to pursue damages through a wrongful death action.

Beware that New York law has a specific time limit for filing a claim in a personal injury case. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit. In addition, if the party responsible for your injury was a government entity then there are special procedures you must follow to file a claim.

Queens Elderly Related Car Accidents Lawyer

A personal injury lawsuit stemming from a car accident can be complicated, involving complex evidentiary issues related to fault. If you were injured in a car accident, contact an attorney who not only has experience handing car accidents, but is also familiar with the medical issues victims of such accidents experience. We will thoroughly investigate the accident by reviewing police reports, accident scene evidence, eyewitness accounts, cell phone records and social medial postings. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your car accident.

ATTORNEY ADVERTISING -- Prior results do not guarantee similar outcomes in future cases.

Stephen Bilkis & Associates PLLC only practices law within New York State and any content that is posted on this web site is purely for advertising purposes and should not be construed as legal advice or a creation of a client/attorney relationship.